US re-indicts Indian diplomat on two criminal counts

The court had only found that Khobragade had immunity "during a limited period of time."


Afp March 14, 2014
US District Judge Shira Scheindlin had dismissed the indictment on Wednesday on the grounds that Khobragade was granted full diplomatic immunity on January 8. PHOTO: REUTERS/FILE

NEW YORK: A New York grand jury re-indicted an Indian diplomat on two counts of underpaying her housekeeper and falsifying a visa application on Friday, re-opening a case that triggered a bitter row with New Delhi.

The announcement from the Manhattan federal prosecutor came two days after a US judge threw out a previous case on the grounds that the consul enjoyed diplomatic immunity.

Devyani Khobragade was arrested on December 12 outside her children's New York school. She was detained and strip-searched, enraging the Indian government and some of the Indian public.

India claimed full diplomatic immunity on her behalf and it was on those grounds that she petitioned a US court on January 9 to drop the case.

US District Judge Shira Scheindlin dismissed the indictment on Wednesday on the grounds that Khobragade was granted full diplomatic immunity on January 8.

But in response a spokesperson for Preet Bharara - the US attorney for the southern district of New York - said they intended to re-charge the diplomat.

The court, he argued, had only found that Khobragade had immunity "during a limited period of time between January 8 and January 9, when the current indictment was returned by a grand injury.

"As the court indicted in this decision, and as Devyani Khobragade has conceded, there is currently no bar to a new indictment against her for her alleged criminal conduct, and we intend to proceed accordingly."

The indictment accuses Khobragade of presenting false information to obtain a visa for her housekeeper and for not wanting to pay the wages required under US law.

COMMENTS (9)

Tani | 7 years ago | Reply ET plz publish this response @water bottle u are not indian or u should have known under constitution there is quota and privileges in jobs ,education etc for oppressed caste which we as general citizen don't get. USA law is good?really rich getting away from crime by paying settlement in money is good? "America has no brains?" Yes it has no brains at time when it needs alliances and support on world stage on important matters, when it's popularity is sinking,economy shrinking,deficit increasing, and here is a potential client which can lift your economy,jobs etc support u on key issues, you put it in jeopardy over nanny. And when u speaking of so called moral right please look into records of murders,accidents etc USA diplomats hav done in other countries and got away.2 look into profiles of those indian high net professionals and see how much they have contributed to their economy before dismissing them as workers. 2. India has never sed nor wants to have superior mentality like Americans.But when you mess with something indian violating international veinna law,unbecoming of treating diplomat Don't except hugs and kisses. Btw now it's confirmed you are not indian and know nothing about india or u wudnt have sed this ludicrous statement no brands in india plz do some research on india before talking nonsense. Ignorance is bliss to some people.
ria | 7 years ago | Reply

@excalibur: how in the world should she pay her maid more when she herself is paid less.....how?? use some brains justice provider.......the fact that the american diplomat himself pays her filipina maid so less is evident of the fact that she has been victimised.... and let us assume that she has violated every law....for god sake she has got the DIPLOMATIC IMMUNITY ... is it just that american diplomats are immune or is it for all nations....can anyone explain the vienna convention?? i am happy that she has returned and i can only laugh at america's arrogance and the fact that this case wont affect her now is just a slap on gross negligence of americans and their lack of common sense.....plz go ahead a file more cases....now no one gives a damn......i also assume that american supporters here are pakistanis....a bit surprised to see them cheer america.... i would like to change their support base....hey pakis think about drone strikes..think about how they violate ur airspace and bomb u day in day out ...hey think about raymond davies....or r u frustrated by the fact that u think that had a pakistani diplomat been there in america in such a situation he would have been left to rot....which of course is true...ahahahahaha

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